On behalf of Berkshire Ginsberg, LLC posted Monday, December 31, 2012.
Sadly, a woman died recently in a bicycle accident in Washington. According to a report, she was struck three times by three different vehicles. The driver who initially hit the biker did not stop to give assistance, but the other two drivers did. Nearby residents noted that drivers do not seem to watch for pedestrians in the area and that pedestrians also fail to watch for drivers. As is the case with other auto accidents, liability in a bicycle-car accident will be determined based on the negligence of the parties involved. When using the roadways, drivers and bicyclists are required to obey the rules of the road. If this is not done, and a party is injured, negligence claims can result. Both bicycles and cars must abide by traffic rules and exercise due caution. This includes bike awareness on the part of a driver. In cases in which the injured bicyclist was also partly negligent, the amount of compensation can be negatively impacted. In Oregon, a party will not be able to recover damages if he or she is more than 51 percent responsible for the accident. If a person is less than half responsible, recovery will be reduced comparative to his or her own degree of negligence. Bicycle accidents with cars can certainly be catastrophic, as the fatality in Washington underscores. But there are legal options available to accident victims in Portland. Being aware of those options can help injured individuals or their families receive the compensation they need and deserve. Source: King5.com, “Bicyclist killed in hit-and-run on Highway 2 near Monroe,” Zahid Arab, Dec. 26, 2012